Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
- Phone : +919669664421 Available: 11:00 am - 6:00 pm (IST)
- Email : [email protected]
- Consult Now
Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting Summons in a Summary Suit (Order 37, Rule 2):
A summons in a summary suit, as governed by Order 37, Rule 2 of the Code of Civil Procedure (CPC), is used in cases where the plaintiff seeks a quick and summary judgment without a full trial. Follow these guidelines for effective drafting:
Clearly State Relief Sought: Clearly state the relief sought by the plaintiff, such as a summary judgment for a specific sum of money. Provide a concise overview of the plaintiff's claim.
List Essential Facts: Summarize essential facts supporting the plaintiff's claim. Clearly present a prima facie case to demonstrate that there is no genuine defense to the suit.
Specify Documents Filed: Clearly list and attach relevant documents supporting the plaintiff's claim, such as the summary suit application, affidavit of evidence, and any crucial exhibits.
Provide Notice Period: Specify the notice period within which the defendant must enter appearance and file a written statement, as per the requirements of Order 37, Rule 2 CPC.
Common Mistakes to Avoid:
Incomplete or Vague Allegations: Ensure that the allegations are complete and specific. Vague or ambiguous statements may lead to the rejection of the summary suit.
Failure to Attach Essential Documents: Attach all necessary documents supporting the claim. Failure to do so may weaken the plaintiff's case and hinder the summary judgment process.
Ignoring Notice Period: Clearly specify the notice period for the defendant to respond. Failure to adhere to the prescribed notice period may impact the validity of the summary suit.
Lack of Clarity in Relief Sought: Clearly articulate the relief sought, specifying the exact sum claimed. Lack of clarity may lead to confusion and hinder the summary judgment process.
By following these guidelines and avoiding common mistakes, you can draft a comprehensive summons in a summary suit, facilitating an efficient legal process for obtaining judgment in cases where the plaintiff seeks a speedy resolution without a full trial.